Crossrail Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Crossrail Bill

Crossrail Bill
1

A
Bill
To
Make provision for a railway transport system running from Maidenhead, in
the County of Berkshire, and Heathrow Airport, in the London Borough of
Hillingdon, through central London to Shenfield, in the County of Essex, and
Abbey Wood, in the London Borough of Greenwich; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Works
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Construction and maintenance of scheduled works
(1)
The nominated undertaker may construct and maintain the works specified in
Schedule 1 (“the scheduled works”), being—
(a)
works for the construction of an underground railway between, in the
5
west, a tunnel portal at Royal Oak in the City of Westminster and, in the
east, tunnel portals at Custom House and Pudding Mill Lane in the
London Borough of Newham,
(b)
works for the construction of other railways in the London Boroughs of
Barking & Dagenham, Bexley, Ealing, Greenwich, Hammersmith and
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Fulham, Havering, Hillingdon, Newham, Redbridge and Tower
Hamlets, the City of Westminster, the Royal Borough of Kensington &
Chelsea, the District of Basildon and the Borough of Brentwood in the
County of Essex, the Royal Borough of Windsor & Maidenhead and the
Borough of Slough in the County of Berkshire and the District of South
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Bucks in the County of Buckinghamshire,
(c)
works consequent on, or incidental to, the construction of the works
mentioned in paragraph (a) or (b).
(2)
Subject to subsection (3), the scheduled works shall be constructed—
(a)
in the lines or situations shown on the deposited plans,
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(b)
in accordance with the levels shown on the deposited sections, and

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(c)
in the case of any station, depot or shaft for which an upper limit is
shown on the deposited sections, within the limit so shown.
(3)
In constructing or maintaining any of the scheduled works, the nominated
undertaker may—
(a)
deviate laterally from the lines or situations shown on the deposited
5
plans to any extent within the limits of deviation for that work so
shown, and
(b)
deviate vertically from the level shown for that work on the deposited
sections—
(i)
to any extent not exceeding 3 metres upwards, and
10
(ii)
to any extent downwards.
(4)
In the case of any station, depot or shaft for which an upper limit is shown on
the deposited sections, the power of deviation under subsection (3)(b)(i) is
subject to the limit so shown.
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Works: further and supplementary provisions
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Schedule 2 (which contains further and supplementary provisions about
works) has effect.
3
Highways
Schedule 3 (which makes provision in relation to highways in connection with
the works authorised by this Act) has effect.
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4
Overhead lines
(1)
Section 37(1) of the Electricity Act 1989 (c. 29) (which requires the consent of the
Secretary of State to overhead lines) shall not apply in relation to any electric
line which—
(a)
for the purposes of or in connection with the exercise of any of the
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powers conferred by this Act with respect to works, or
(b)
in pursuance of any of the protective provisions included in this Act,

is installed above land within the limits of deviation for the scheduled works
or within the limits of land to be acquired or used.
(2)
Schedule 4 (which makes alternative provision for consent in relation to lines
30
to which subsection (1) applies) has effect.
(3)
On the revocation or expiry of consent under Schedule 4, the line to which the
consent relates shall cease to be a line to which subsection (1) applies.
(4)
On granting consent under Schedule 4 to electricity undertakers, the
appropriate Ministers may direct that planning permission shall be deemed to
35
be granted for the carrying out of development to which the consent relates,
and any ancillary development, subject to such conditions (if any) as may be
specified in the direction.
(5)
In subsection (4)—
(a)
“electricity undertakers” means the holder of a licence under section 6
40
of the Electricity Act 1989, and

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(b)
the reference to the appropriate Ministers is to the Secretary of State for
Trade and Industry and the Secretary of State for Transport acting
jointly.
Land
5
Temporary possession and use
5
Schedule 5 (which contains provisions about temporary possession and use of
land for the purposes of this Act) has effect.
6
Acquisition of land within limits shown on deposited plans
(1)
The Secretary of State is authorised by this section to acquire compulsorily—
(a)
so much of the land shown on the deposited plans within the limits of
10
deviation for the scheduled works as may be required for or in
connection with the works authorised by this Act or otherwise for or in
connection with Crossrail, and
(b)
so much of the land so shown within the limits of land to be acquired
or used as may be so required.
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(2)
Without prejudice to the generality of subsection (1), the purposes for which
land may be acquired under that subsection include, in the case of so much of
any land specified in columns (1) and (2) of Part 1 of Schedule 6 as is within the
limits of land to be acquired or used, the purpose specified in relation to that
land in column (3) of that Part of the Schedule as one for which that land may
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be acquired or used.
(3)
Part 2 of Schedule 6 (application of legislation relating to compulsory
purchase) and Part 3 of that Schedule (supplementary provisions) have effect.
(4)
The power conferred by subsection (1) shall not be exercisable in relation to
land the surface of which is comprised in a highway where the land is specified
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in the table in paragraph 15(2) of Schedule 3.
(5)
The power conferred by subsection (1) shall not be exercisable in relation to
land specified in the table in paragraph 1(1) of Schedule 5 unless it is also
specified in the table in paragraph 11(1) of Schedule 6.
(6)
After the end of the period of 5 years beginning with the day on which this Act
30
is passed—
(a)
no notice to treat shall be served under Part 1 of the Compulsory
Purchase Act 1965 (c. 56), as applied to the acquisition of land under
subsection (1), and
(b)
no declaration shall be executed under section 4 of the Compulsory
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Purchase (Vesting Declarations) Act 1981 (c. 66), as applied by
paragraph 4 of Schedule 6.
(7)
The Secretary of State may by order extend the period under subsection (6) in
relation to any land.
(8)
An order under subsection (7) shall be subject to special parliamentary
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7
Acquisition of land not subject to the power under section 6(1)
(1)
The Secretary of State may acquire compulsorily land outside the limits of
deviation for the scheduled works and the limits of land to be acquired or used
which is required for or in connection with the works authorised by this Act or
otherwise for or in connection with Crossrail.
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(2)
The Secretary of State may acquire compulsorily land within the limits of
deviation for the scheduled works or the limits of land to be acquired or used
which is not land in relation to which the power conferred by section 6(1) is
exercisable.
(3)
Subsection (2) shall have effect as if land specified in the table in paragraph 8,
10
9, 11(1) or 12 of Schedule 6, or in columns (1) and (2) of the table in paragraph
10 of that Schedule, were not land in relation to which the power conferred by
section 6(1) is exercisable, but the power conferred by subsection (2) shall not
be exercisable—
(a)
in the case of land specified in the table in paragraph 8, 9 or 12, in
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relation to the creation and acquisition of any easement or other right
over land in relation to the creation and acquisition of which the power
under section 6(1) is exercisable;
(b)
in the case of land specified in columns (1) and (2) of the table in
paragraph 10, in relation to so much of the land as falls within the
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description specified in relation to it in column (3) of the table;
(c)
in the case of land specified in the table in paragraph 11(1) or 12, in
relation to so much of the subsoil or under-surface of the land as lies
more than 9 metres beneath the level of the surface of the land.
(4)
Without prejudice to the generality of subsection (1) or (2), the land which may
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be compulsorily acquired under that subsection shall include land which is or
will be required—
(a)
for use in mitigating the effect on the environment of any of the works
authorised by this Act,
(b)
for use in relocating apparatus which it is expedient to divert or replace
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in consequence of the carrying out of any of the works authorised by
this Act, or
(c)
for the purpose of being given in exchange for land forming part of a
common, open space or fuel or field garden allotment which is acquired
under section 6(1).
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(5)
The power of acquiring land compulsorily under subsection (1) or (2) shall
include power to acquire an easement or other right over land by the grant of
a new right.
(6)
The Acquisition of Land Act 1981 (c. 67) shall apply to the compulsory
acquisition of land under subsection (1) or (2); and Schedule 3 to that Act shall
40
apply to a compulsory acquisition by virtue of subsection (5).
(7)
Part 1 of the Compulsory Purchase Act 1965 (c. 56), and the enactments relating
to compensation for the compulsory purchase of land, shall apply to a
compulsory acquisition by virtue of subsection (5) above with the
modifications mentioned in paragraph 6(2)(a) and (b) of Schedule 6.
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(8)
In this section—
“apparatus” includes a sewer, drain or tunnel and any structure for the
lodging therein of apparatus or for gaining access to apparatus;

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“common” includes any land subject to be enclosed under the Inclosure
Acts 1845 to 1882, and any town or village green;
“fuel or field garden allotment” means any allotment set out as a fuel
allotment, or a field garden allotment, under an Inclosure Act;
“open space” means any land laid out as a public garden, or used for the
5
purposes of public recreation, or land which is a disused burial ground.
8
Extinguishment of private rights of way
(1)
This section applies to land within the limits of deviation for the scheduled
works or within the limits of land to be acquired or used which is held by the
Secretary of State as being required for or in connection with the works
10
authorised by this Act.
(2)
All private rights of way over land to which this section applies shall be
extinguished—
(a)
in the case of land held immediately before the coming into force of this
Act, on the coming into force of this Act, and
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(b)
in the case of land acquired after the coming into force of this Act, at the
appropriate time.
(3)
Subsection (2) does not apply to—
(a)
a right of way over land which, were it held otherwise than by the
Secretary of State, would not be capable of being acquired under
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section 6(1), or
(b)
a right of way to which section 271 or 272 of the Town and Country
Planning Act 1990 (c. 8) (extinguishment of rights of statutory
undertakers etc.) applies.
(4)
Subsection (2)(b) does not apply to a right of way that is excepted from the
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application of that provision by direction of the Secretary of State given before
the appropriate time.
(5)
Subject to subsection (6), the references in subsections (2)(b) and (4) to the
appropriate time are to the time of acquisition.
(6)
Where land—
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(a)
is acquired compulsorily, and
(b)
is land in respect of which the power conferred by section 11(1) of the
Compulsory Purchase Act 1965 (c. 56) (power of entry following notice
to treat) is exercised,

the references to the appropriate time are to the time of entry under that
35
provision.
(7)
Any person who suffers loss by the extinguishment of any right of way under
this section shall be entitled to be compensated by the nominated undertaker.
(8)
Any dispute as to a person’s entitlement to compensation under this section,
or as to the amount of such compensation, shall be determined under and in
40
accordance with Part 1 of the Land Compensation Act 1961 (c. 33).
9
Extinguishment of rights of statutory undertakers etc.
(1)
Sections 271 to 273 of the Town and Country Planning Act 1990
(extinguishment of rights of statutory undertakers etc.) shall apply in relation
to land held by the Secretary of State as being land which is required for or in
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connection with the works authorised by this Act as they apply in relation to
land acquired or appropriated as mentioned in section 271(1) of that Act.
(2)
In the application of sections 271 to 273 of that Act by virtue of subsection (1),
references to the acquiring or appropriating authority shall be construed as
references to the nominated undertaker.
5
(3)
In their application by virtue of subsection (1), sections 271 and 272 of that Act
shall also have effect with the following modifications—
(a)
in subsection (2), for the words from “with” to “appropriated” there
shall be substituted “authorised by the Crossrail Act 2005”, and
(b)
in subsection (5), for the words from “local” to “or undertakers” there
10
shall be substituted “a person other than a Minister, he”.
(4)
In the Town and Country Planning Act 1990 (c. 8), any reference to, or to any
provision of, section 271, 272 or 273 shall include a reference to, or to that
provision of, that section as applied by subsection (1).
(5)
In their application by virtue of subsection (4), the following provisions of that
15
Act shall have effect with the following modifications—
(a)
in section 274(3), for “local authority or statutory undertaker” there
shall be substituted “person”, and
(b)
in sections 274(5), 279(2) to (4) and 280(6), references to the acquiring or
appropriating authority shall be construed as references to the
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nominated undertaker.
Planning
10
Planning: general
(1)
Subject to subsection (2), planning permission shall be deemed to be granted
under Part 3 of the Town and Country Planning Act 1990 for the carrying out
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of development authorised by this Act.
(2)
In the case of any development authorised by this Act which consists of the
carrying out of a work other than a scheduled work, subsection (1) only applies
if—
(a)
the development is not of a kind in relation to which it is necessary to
30
take environmental information into account before granting planning
permission, or
(b)
it is development in relation to which the statement deposited with the
Bill for this Act (in pursuance of Standing Order 27A of the Standing
Orders of the House of Commons relating to private business) upon the
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Bill’s introduction in the House of Commons in February 2005
constituted at the time of deposit an environmental statement within
the meaning of the EIA regulations.
(3)
For the purposes of subsection (2)(a), development is of a kind in relation to
which it is necessary to take environmental information into account if—
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(a)
it is of a description mentioned in Schedule 1 to the EIA regulations, or
(b)
it is of a description mentioned in column (1) of the table in Schedule 2
to those regulations and likely to have significant effects on the
environment by virtue of factors such as its nature, size or location,

and it is not exempt development within the meaning of those regulations.
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(4)
In relation to development excepted by subsection (2) from the planning
permission deemed by subsection (1) to be granted, the EIA regulations shall
have effect with the omission, in the definition of “Schedule 2 development” in
regulation 2(1), of the words from “where” to the end.
(5)
Schedule 7 (which makes provision about planning conditions) has effect in
5
relation to development for which planning permission is deemed by
subsection (1) to be granted.
(6)
Development for which permission is deemed by subsection (1) to be granted
shall be treated as not being development of a class for which planning
permission is granted by the Town and Country Planning (General Permitted
10
Development) Order 1995 (S.I. 1995/418) (or any order replacing that order).
(7)
Planning permission which is deemed by subsection (1) to be granted shall be
treated as specific planning permission for the purposes of section 264(3)(a) of
the Town and Country Planning Act 1990 (c. 8) (specific planning permission
for the development of statutory undertakers’ land relevant to whether the
15
land is operational land).
(8)
In this section, “the EIA regulations” means the Town and Country Planning
(Environmental Impact Assessment) (England and Wales) Regulations 1999
(S.I. 1999/293) (or any regulations replacing those regulations).
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Permitted development: time limit
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(1)
It shall be a condition of the planning permission deemed by section 10(1) to be
granted, so far as relating to development consisting of the carrying out of a
scheduled work, that the development must be begun not later than the end of
10 years beginning with the day on which this Act is passed.
(2)
The Secretary of State may, in relation to any development to which the
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condition imposed by subsection (1) applies, by order extend the period by
reference to which the condition operates.
(3)
The power conferred by subsection (2) shall be exercisable by statutory
instrument which shall be subject to annulment in pursuance of a resolution of
either House of Parliament.
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(4)
Nothing in section 91 of the Town and Country Planning Act 1990 (limit on
duration of planning permission) shall apply to the planning permission
deemed by section 10(1) to be granted.
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Fees for planning applications
(1)
The appropriate Ministers may by regulations make provision about fees for
35
relevant planning applications.
(2)
Regulations under subsection (1) may, in particular—
(a)
make provision for the payment to the authority to which a relevant
planning application is made of a fee of a prescribed amount,
(b)
make provision for the remission or refunding of a prescribed fee (in
40
whole or part) in prescribed circumstances,
(c)
make provision for a prescribed fee to be treated as paid in prescribed
circumstances,
(d)
make provision about the time for payment of a prescribed fee,